Borough of Sewickley, PA Article VII Special Exceptions

§ 330-701 Granting and evaluation of special exceptions.

A. General criteria for evaluation of special exception uses.

(1) In evaluating an application for a special exception use, the Borough shall apply the guidelines and procedures set forth in the Pennsylvania Municipalities Planning Code and the applicable criteria outlined in Article VII and § 330-1303.

(2) The granting of a special exception use by the Zoning Hearing Board shall be predicated on:

(a) The applicant's submission of a written application, together with a site plan of the proposal, to the Zoning Officer;

(b) Any recommendation from the Zoning Officer and/or Zoning Hearing Board Solicitor; and

(c) Testimony, whether written or spoken, from the Planning Commission may also be requested and considered.

(3) The written submission shall demonstrate that the development for which the special exception use is sought will meet the primary criteria outlined below:

(a) Will not endanger the public health, safety and welfare if located where proposed and will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration as regulated by Article XI of this chapter;

(b) Meets all other requirements of this chapter in the zoning district where the use is proposed;

(c) Is in general conformity with the ASO Joint Comprehensive Plan;

(d) The special exception approval shall expire without written notice to the applicant, if an application for development, grading, building permit, or an occupancy permit has not been received by the Borough within 18 months of the written decision. Before the expiration date, two extensions may be granted upon receipt of a written request from the applicant;

(e) If all permits and other approvals have not been obtained in such period as defined in Subsection A(3)(d) above, the approval of the special exception use shall be null and void;

(f) Approval of a new special exception shall deem any prior special exception for the lot null and void.

(4) All of the presentation of testimony, documentation and other evidence to the Zoning Hearing Board to obtain a special exception rests upon the applicant. The burden of proof that the proposed use will not endanger the public health, safety and welfare of the community and complies with the chapter rests entirely upon the applicant.

(5) A scaled site plan of the subject lot(s) shall indicate the location, height and use of the structures, driveways, parking areas, signs, lighting, buffer yards, topography and/or natural features of the lot. Elevations shall be submitted for all new buildings.

B. The Zoning Hearing Board may attach reasonable conditions in order to protect the public's health, safety and welfare. These reasonable conditions may include but are not limited to increased screening and/or setbacks.

C. Approval of all uses by special exception contained in this chapter shall be subject to periodic inspections by the Zoning Officer to ensure compliance with the required conditions of approval.